Have you ever seen or even heard of a judge rejecting a guilty plea because he didn't agree with the charges?
Yes.
There are a series of RICO indictments in Chattanooga that look like they’re on the ropes because prosecutors failed to allege the elements of a crime.
Since Tennessee changed the law to allow handguns in automobiles I’ve seen several cases dismissed because they were no longer crimes.
Also, have seen many occasions where the defendant voices some disagreement with facts essential to a crime during a plea and judge rejects a plea.
I have never seen a case get to the plea and the judge say “this is not a crime.” That’s not because they can’t do it. It’s because the situation you’re presuming is wildly outlandish. It would require malfeasance on the
Also the specific charges are crimes, the prosecutor is wrong in his interpretation of the statutes he charged Cohen on as far as the campaign finance charges. Multiple "legal scholars" have pointed this out including the guy who used to run the FEC.
Again, this is your opinion based on the opinion of a guy who doesn’t have access to the evidence in the case. The practice of law is essentially attorneys having differing opinions as to whether or not facts meet certain definitions.
My guess is that they have him dead to rights on some very serious charges unrelated to Trump or the campaign but agreed not to pursue those in exchange for his plea. You as a lawyer know that you would take that deal to save your client years behind bars.
I’ve acknowledged that the existence of other charges is plausible. Even likely given that Cohen is obviously without moral fiber.
As an attorney, my first obligation is to be truthful towards the Court. I would absolutely raise hell, withdraw, and file complaints with the appropriate bodies if a prosecutor tried to make my client plead to something that unquestionably was not a crime. This has never happened and I’ve never heard of it happening.
The closest I’ve come to toeing the line on that obligation is to plead a client to a crime that I honestly believe that he did not commit, without objection. It’s rare that this happens and it’s not something I’m ever happy to do, but it has happened.
There is plenty of proof to suggest The Muell is corrupt, just look back at the Whitey Bulger case.
This is a witch hunt.
Link?
Tl;dr: the idea that in a high profile case like this that a federal judge, prosecutor, defendant, and defense attorney all ran through a plea to something that is unquestionably not a crime is so far beyond the pale that it smacks of desperation/propaganda that some form of media was willing to trot somebody out to say it.
